Text: HF00764 Text: HF00766 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 20.26, Code 1999, is amended by adding 1 2 the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. All contributions by or through 1 4 employee organizations shall also comply with the provisions 1 5 of section 56.15B. 1 6 Sec. 2. Section 56.2, Code 1999, is amended by adding the 1 7 following new subsections: 1 8 NEW SUBSECTION. 5A. "Clearly identified" means that a 1 9 communication contains an unambiguous reference to a 1 10 particular candidate or ballot issue, including but not 1 11 limited to one or more of the following: 1 12 a. Use of the name of the candidate or ballot issue. 1 13 b. Use of a photograph or drawing of the candidate, or the 1 14 use of a particular symbol associated with a specific ballot 1 15 issue. 1 16 c. Use of a candidate's initials, nickname, office, or 1 17 status as a candidate, or use of acronym, popular name, or 1 18 characterization of a ballot issue. 1 19 NEW SUBSECTION. 12A. "Express advocacy" or to "expressly 1 20 advocate" means communication that can be characterized 1 21 according to at least one of the following descriptions: 1 22 a. The communication is political speech made in the form 1 23 of a contribution. 1 24 b. In advocating the election or defeat of one or more 1 25 clearly identified candidates or the passage or defeat of one 1 26 or more clearly identified ballot issues, the communication 1 27 includes explicit words that unambiguously indicate that the 1 28 communication is recommending or supporting a particular 1 29 outcome in the election with regard to any clearly identified 1 30 candidate or ballot issue. 1 31 c. When taken as a whole and with limited reference to 1 32 external events such as the proximity to the election, the 1 33 communication could only be interpreted by a reasonable person 1 34 as supporting or recommending the election, passage, or defeat 1 35 of one or more clearly identified candidates or ballot issues 2 1 because both of the following conditions are met: 2 2 (1) The communication, as it relates to the election or 2 3 defeat of the candidate or ballot issue, is unmistakable, 2 4 unambiguous, and suggestive of only one meaning. 2 5 (2) Reasonable minds could not differ as to whether the 2 6 communication encourages action to nominate, elect, approve, 2 7 or defeat one or more clearly identified candidates or a 2 8 ballot issue or whether the communication encourages some 2 9 other kind of action. 2 10 Sec. 3. Section 56.2, subsections 16 and 17, Code 1999, 2 11 are amended to read as follows: 2 12 16. "Political committee" meansaeither of the following: 2 13 a. A committee, but not a candidate's committee,which2 14 that accepts contributions in excess of five hundred dollars 2 15 in the aggregate, makes expenditures in excess of five hundred 2 16 dollars in the aggregate, or incurs indebtedness in excess of 2 17 five hundred dollars in the aggregate in any one calendar year 2 18for the purpose of supporting or opposingto expressly 2 19 advocate the nomination, election, or defeat of a candidate 2 20 for public office, orfor the purpose of supporting or2 21opposingto expressly advocate the passage or defeat of a 2 22 ballot issue; "political committee" also means an. 2 23 b. An association, lodge, society, cooperative, union, 2 24 fraternity, sorority, educational institution, civic 2 25 organization, labor organization, religious organization, or 2 26 professional organizationwhichthat accepts contributions in 2 27 excess of five hundred dollars in the aggregate, makes 2 28 expenditures in excess of five hundred dollars in the 2 29 aggregate, or incurs indebtedness in excess of five hundred 2 30 dollars in the aggregate in any one calendar yearfor the2 31purpose of supporting or opposingto expressly advocate the 2 32 nomination, election, or defeat of a candidate for public 2 33 office, orfor the purpose of supporting or opposingto 2 34 expressly advocate the passage or defeat of a ballot issue. 2 35"Political committee" also includes a committee which accepts3 1contributions in excess of five hundred dollars in the3 2aggregate, makes expenditures in excess of five hundred3 3dollars in the aggregate, or incurs indebtedness in excess of3 4five hundred dollars in the aggregate in a calendar year to3 5cause the publication or broadcasting of material in which the3 6public policy positions or voting record of an identifiable3 7candidate is discussed and in which a reasonable person could3 8find commentary favorable or unfavorable to those public3 9policy positions or voting record.3 10 17. "Political purpose" or "political purposes" means the 3 11support or oppositionexpress advocacy of a candidate or 3 12 ballot issue. 3 13 Sec. 4. Section 56.4, unnumbered paragraphs 2 and 3, Code 3 14 1999, are amended to read as follows: 3 15 Political committeessupporting or opposingexpressly 3 16 advocating the nomination, election, or defeat of candidates 3 17 for both federal office and any elected office created by law 3 18 or the Constitution of the state of Iowa shall file statements 3 19 and reports with the board in addition to any federal reports 3 20 required to be filed with the board. However, a political 3 21 committee which is registered and filing full disclosure 3 22 reports of all financial activities with the federal election 3 23 commission may file verified statements as provided in section 3 24 56.5. 3 25 Political committeessupporting or opposingexpressly 3 26 advocating the nomination, election, or defeat of candidates 3 27 or the passage or defeat of ballot issues for statewide 3 28 elections and for county, municipal or school elections may 3 29 file all activity on one report with the board and shall send 3 30 a copy to the commissioner responsible under section 47.2 for 3 31 conducting the election. 3 32 Sec. 5. Section 56.5, subsection 2, paragraph f, Code 3 33 1999, is amended to read as follows: 3 34 f. A signed statement by the treasurer of the committee 3 35 and the candidate, in the case of a candidate's committee, 4 1 which shall verify that they are aware of the requirement to 4 2 file disclosure reports if the committee, the committee 4 3 officers, the candidate, or both the committee officers and 4 4 the candidate receive contributions in excess of five hundred 4 5 dollars in the aggregate, make expenditures in excess of five 4 6 hundred dollars in the aggregate, or incur indebtedness in 4 7 excess of five hundred dollars in the aggregate in a calendar 4 8 yearfor the purpose of supporting or opposingto expressly 4 9 advocate the nomination, election, or defeat of any candidate 4 10 for public office. In the case of political committees, 4 11 statements shall be made by the treasurer of the committee and 4 12 the chairperson. 4 13 Sec. 6. Section 56.5A, Code 1999, is amended to read as 4 14 follows: 4 15 56.5A CANDIDATE'S COMMITTEE. 4 16 1. Each candidate for state, county, city, or school 4 17 office shall organize one, and only one, candidate's committee 4 18 for a specific office sought when the candidate receives 4 19 contributions in excess of five hundred dollars in the 4 20 aggregate, makes expenditures in excess of five hundred 4 21 dollars in the aggregate, or incurs indebtedness in excess of 4 22 five hundred dollars in the aggregate in a calendar year. 4 23 2. A political committee shall not be established to 4 24support or opposeexpressly advocate the nomination, election, 4 25 or defeat of only one candidate for office, except that a 4 26 political committee may be established tosupport or oppose4 27 expressly advocate the passage or defeat of approval of a 4 28 single judge standing for retention. 4 29 Sec. 7. Section 56.6, subsection 1, paragraph d, Code 4 30 1999, is amended to read as follows: 4 31 d. Committees for municipal and school elective offices 4 32 and local ballot issues shall file their first reports five 4 33 days prior to any election in which the name of the candidate 4 34 or the local ballot issue which theysupport or oppose4 35 expressly advocate appears on the printed ballot and shall 5 1 file their next report on the first day of the month following 5 2 the final election in a calendar year in which the candidate's 5 3 name or the ballot issue appears on the ballot. A committee 5 4supporting or opposingexpressly advocating the nomination, 5 5 election, or defeat of a candidate for a municipal or school 5 6 elective office or the passage or defeat of a local ballot 5 7 issue shall also file disclosure reports on the nineteenth day 5 8 of January and October of each year in which the candidate or 5 9 ballot issue does not appear on the ballot and on the 5 10 nineteenth day of January, May, and July of each year in which 5 11 the candidate or ballot issue appears on the ballot, until the 5 12 committee dissolves. These reports shall be current to five 5 13 days prior to the filing deadline and are considered timely 5 14 filed if mailed bearing a United States postal service 5 15 postmark on or before the due date. 5 16 Sec. 8. Section 56.12A, unnumbered paragraph 1, Code 1999, 5 17 is amended to read as follows: 5 18 The state and the governing body of a county, city, or 5 19 other political subdivision of the state shall not expend or 5 20 permit the expenditure of public moneys for political 5 21 purposes, includingsupporting or opposingexpressly 5 22 advocating the passage or defeat of a ballot issue. 5 23 Sec. 9. Section 56.13, subsections 1, 2, and 3, Code 1999, 5 24 are amended to read as follows: 5 25 1. Action involving a contribution or expenditure which 5 26 must be reported under this chapter and which is taken by any 5 27 person, candidate's committee or political committee on behalf 5 28 of a candidate, if known and approved by the candidate, shall 5 29 be deemed action by the candidate and reported by the 5 30 candidate's committee. It shall be presumed that a candidate 5 31 approves the action if the candidate had knowledge of it and 5 32 failed to file a statement of disavowal with the commissioner 5 33 or board and take corrective action within seventy-two hours 5 34 of the action. A person, candidate's committee or political 5 35 committee taking such action independently of that candidate's 6 1 committee shall notify that candidate's committee in writing 6 2 within twenty-four hours of taking the action. The 6 3 notification shall provide that candidate's committee with the 6 4 cost of the promotion at fair market value. A copy of the 6 5 notification shall be sent to the board. 6 6 Any person who makes expenditures or incurs indebtedness, 6 7 other than incidental expenses incurred in performing 6 8 volunteer work,in support or oppositionto expressly advocate 6 9 the nomination, election, or defeat of a candidate for public 6 10 office shall notify the appropriate committee and provide 6 11 necessary information for disclosure reports. 6 12 2. If a person, other than a political committee, makes 6 13 one or more expenditures in excess of five hundred dollars in 6 14 the aggregate, or incurs indebtedness in excess of five 6 15 hundred dollars in the aggregate, in any one calendar yearfor6 16purposes of supporting or opposingto expressly advocate the 6 17 passage or defeat of a ballot issue, the person shall file a 6 18 statement of activity within ten days of taking the action 6 19 exceeding the threshold. The statement shall contain 6 20 information identifying the person filing the statement, 6 21 identifying the ballot issue, and indicating the position 6 22 urged by the person with regard to the ballot issue. The 6 23 person shall file reports indicating the dates on which the 6 24 expenditures or incurrence of indebtedness took place; a 6 25 description of the nature of the action taken which resulted 6 26 in the expenditures or debt; and the cost of the promotion at 6 27 fair market value. For a local ballot issue, the reports 6 28 shall be filed five days prior to any election in which the 6 29 ballot issue appears and on the first day of the month 6 30 following the election, as well as on the nineteenth day of 6 31 January, May, and July of each year in which the ballot issue 6 32 appears on the ballot and on the nineteenth day of January and 6 33 October of each year in which the ballot issue does not appear 6 34 on the ballot. For a statewide ballot issue, reports shall be 6 35 filed on the nineteenth day of January, May, and July of each 7 1 year. The reports shall be current to five days prior to the 7 2 filing deadline, and are considered timely filed if mailed 7 3 bearing a United States postal service postmark on or before 7 4 the due date. Filing obligations shall cease when the person 7 5 files a statement of discontinuation indicating that the 7 6 person's financial activityin support of or in oppositionto 7 7 expressly advocate the passage or defeat of the ballot issue 7 8 has ceased. Statements and reports shall be filed with the 7 9 commissioner responsible under section 47.2 for conducting the 7 10 election at which the issue is voted upon, except that reports 7 11 on a statewide ballot issue shall be filed with the board. 7 12 3. A person taking action involving the making of an 7 13 expenditure or incurrence of indebtednessin support or7 14oppositionto expressly advocate the passage or defeat of a 7 15 ballot issue independently of a political committee shall, 7 16 within seventy-two hours of taking the action, notify in 7 17 writing any political committee which advocates the same 7 18 position with regard to the ballot issue as the person taking 7 19 the action. The notification shall provide the political 7 20 committee with the cost of the promotion at fair market value. 7 21 A copy of the notification shall be sent to the board. It 7 22 shall be presumed that a benefited committee approves the 7 23 action if the committee fails to file a statement of disavowal 7 24 with the commissioner or board and takes corrective action 7 25 within ten days of the action. Action approved by a committee 7 26 shall be reported as a contribution by the committee. 7 27 Sec. 10. Section 56.14, subsection 1, paragraph a, Code 7 28 1999, is amended to read as follows: 7 29 1. a. A person who causes the publication or distribution 7 30 of published material designed topromote or defeatexpressly 7 31 advocate the nomination,orelection, or defeat of a candidate 7 32 for public office or the passage or defeat of a constitutional 7 33 amendment or public measure shall include conspicuously on the 7 34 published material the identity and address of the person 7 35 responsible for the material. If the person responsible is an 8 1 organization, the name of one officer of the organization 8 2 shall appear on the material. However, if the organization is 8 3 a committee which has filed a statement of organization under 8 4 this chapter, only the name of the committee is required to be 8 5 included on the published material. Published material 8 6 designed topromote or defeatexpressly advocate the 8 7 nomination,orelection, or defeat of a candidate for public 8 8 office or the passage or defeat of a constitutional amendment 8 9 or public measure which contains language or depictions which 8 10 a reasonable person would understand as asserting that an 8 11 entity which is incorporated or is a registered committee had 8 12 authored the material shall, if the entity is not incorporated 8 13 or a registered committee, include conspicuously on the 8 14 published material a statement that the apparent organization 8 15 or committee is not incorporated or a registered committee in 8 16 addition to the attribution statement required by this 8 17 section. For purposes of this section, "registered committee" 8 18 means a committee which has an active statement of 8 19 organization filed under section 56.5. 8 20 Sec. 11. Section 56.15, subsections 1, 2, and 4, Code 8 21 1999, are amended to read as follows: 8 22 1. Except as provided in subsections 3 and 4, it is 8 23 unlawful for an insurance company, savings and loan 8 24 association, bank, credit union, or corporation organized 8 25 pursuant to the laws of this state, the United States, or any 8 26 other state, territory, or foreign country, whether for profit 8 27 or not, or an officer, agent, or representative acting for 8 28 such insurance company, savings and loan association, bank, 8 29 credit union, or corporation, to contribute any money, 8 30 property, labor, or thing of value, directly or indirectly, to 8 31 a committee, orfor the purpose of influencingto expressly 8 32 advocate that the vote of an elector be used to nominate, 8 33 elect, or defeat a candidate for public office, except that 8 34 such resources may be so expended in connection with a utility 8 35 franchise election held pursuant to section 364.2, subsection 9 1 4, or a ballot issue. All such expenditures are subject to 9 2 the disclosure requirements of this chapter. 9 3 2. Except as provided in subsection 3, it is unlawful for 9 4 a member of a committee, or its employee or representative, 9 5 except a ballot issue committee, or for a candidate for office 9 6 or the representative of the candidate, to solicit, request, 9 7 or knowingly receive from an insurance company, savings and 9 8 loan association, bank, credit union, or corporation organized 9 9 pursuant to the laws of this state, the United States, or any 9 10 other state, territory, or foreign country, whether for profit 9 11 or not, or its officer, agent, or representative, any money, 9 12 property, or thing of value belonging to the insurance 9 13 company, savings and loan association, bank, or corporation 9 14 for campaign expenses, orfor the purpose of influencingto 9 15 expressly advocate that the vote of an elector be used to 9 16 nominate, elect, or defeat a candidate for public office. 9 17 This section does not restrain or abridge the freedom of the 9 18 press or prohibit the consideration and discussion in the 9 19 press of candidacies, nominations, public officers, or public 9 20 questions. 9 21 4. The restrictions imposed by this section relative to 9 22 making, soliciting or receiving contributions shall not apply 9 23 to a nonprofit corporation or organization which uses those 9 24 contributions to encourage registration of voters and 9 25 participation in the political process, or to publicize public 9 26 issues, or both, but does not use any part of those 9 27 contributions toendorse or opposeexpressly advocate the 9 28 nomination, election, or defeat of any candidate for public 9 29 office. A nonprofit corporation or organization may use 9 30 contributions solicited or received tosupport or oppose9 31 expressly advocate the passage or defeat of ballot issues but 9 32 the expenditures shall be disclosed by the nonprofit 9 33 corporation or organization in the manner provided for a 9 34 permanent organization temporarily engaged in a political 9 35 activity under section 56.6. 10 1 This section does not prohibit a family farm corporation, 10 2 as defined in section 9H.1, from placing a yard sign on 10 3 agricultural land, and does not prohibit the placement of yard 10 4 signs, with the prior written permission of the individual 10 5 property owner, on property rented or leased by a corporation 10 6 from private individuals, subject to the requirements of 10 7 section 56.14. This section also does not prohibit the 10 8 placement of a yard sign on residential property that is owned 10 9 by a corporation, but rented or leased to a private 10 10 individual, if the prior permission of the renter or lessee is 10 11 obtained. 10 12 Sec. 12. Section 56.15, Code 1999, is amended by adding 10 13 the following new subsection: 10 14 NEW SUBSECTION. 4A. For purposes of this section, 10 15 "committee" shall include statutory political committees 10 16 organized under chapter 43, and nonparty political 10 17 organizations organized under chapter 44. 10 18 Sec. 13. NEW SECTION. 56.15B CONTRIBUTIONS FROM NEGATIVE 10 19 CHECK-OFF PLANS PROHIBITED. 10 20 1. As used in this section, unless the context otherwise 10 21 requires: 10 22 a. "Legislative objective" means action related to the 10 23 passage, defeat, approval, veto, or modification of 10 24 legislation, a rule, or an executive order, or another 10 25 official action by the members of the general assembly, a 10 26 state agency, or another elected or appointed official or body 10 27 of officials. 10 28 b. "Negative check-off plan" means a plan under which an 10 29 individual is deemed to have agreed to a payment, deduction, 10 30 or allocation of moneys, or a series of payments, deductions, 10 31 or allocations of moneys, by means of the individual's 10 32 inaction or failure to object to such payment, deduction, or 10 33 allocation of moneys. 10 34 c. "Voluntary" means an action or choice freely made by an 10 35 individual that is evidenced by a written authorization 11 1 executed on at least an annual basis on a document that 11 2 includes only the signature indicating agreement and a 11 3 conspicuous disclosure in plain language, written in at least 11 4 twelve point type, that includes the following information: 11 5 (1) An explanation regarding the kind of payment or 11 6 regular deduction the individual is authorizing. 11 7 (2) The entity that will be receiving the moneys. 11 8 (3) The fact that such moneys may be used for political 11 9 purposes or legislative objectives. 11 10 (4) A statement that such authorization is purely 11 11 voluntary, that the individual has the right to inquire 11 12 regarding the exact political purposes or legislative 11 13 objectives for which the moneys may be used, and that no 11 14 actions can be taken against an individual who does not sign 11 15 such an authorization because of the refusal to sign. 11 16 2. A person shall not solicit or receive moneys for any 11 17 political purpose or legislative objective from an individual 11 18 in the course of the person's business, vocation, occupation, 11 19 charity, fellowship, or other group or organizational activity 11 20 unless the moneys have been voluntarily contributed, given, or 11 21 otherwise authorized by the individual. 11 22 a. A violation of this subsection is a fraudulent practice 11 23 under section 714.8. 11 24 b. A payment, deduction, or allocation of moneys made 11 25 pursuant to a negative check-off plan shall not be considered 11 26 to have been voluntarily made by an individual. A negative 11 27 check-off plan is void as against public policy. 11 28 c. This subsection shall not apply to payments, 11 29 deductions, or allocations of moneys required by federal law, 11 30 by state tax laws, or by court order or other court-approved 11 31 agreement or decree. 11 32 3. A person other than a candidate, candidate's committee, 11 33 or political committee shall not knowingly receive or use 11 34 funds collected in violation of subsection 2 for any political 11 35 purpose or legislative objective. 12 1 4. A candidate, candidate's committee, or political 12 2 committee shall not knowingly receive or use moneys collected 12 3 in violation of subsection 2. 12 4 Sec. 14. Section 56.22, subsection 2, Code 1999, is 12 5 amended to read as follows: 12 6 2. Funds distributed to statutory political committees 12 7 pursuant to this chapter shall not be used tosupport or12 8opposeexpressly advocate the nomination, election, or defeat 12 9 of any candidate. Nothing in this subsection shall be 12 10 construed to prohibit a statutory political committee from 12 11 using such funds to pay expenses incurred in arranging and 12 12 holding a nominating convention. 12 13 Sec. 15. Section 731.5, Code 1999, is amended by adding 12 14 the following new unnumbered paragraph: 12 15 NEW UNNUMBERED PARAGRAPH. All deductions from an 12 16 employee's earnings, wages, or compensation shall also comply 12 17 with the provisions of section 56.15B. 12 18 Sec. 16. SEVERABILITY. If any section of this Act, or any 12 19 portion of any section of this Act, is found unconstitutional 12 20 or otherwise unenforceable by a court, the remaining sections 12 21 and portions of sections shall be given effect to the fullest 12 22 extent possible. 12 23 Sec. 17. APPLICABILITY AND EFFECTIVE DATE. Section 13 of 12 24 this Act, enacting new section 56.15B, being deemed of 12 25 immediate importance, takes effect upon enactment, and shall 12 26 apply to any deduction or allocation of moneys related to or 12 27 conducted in conjunction with annual dues assessment and 12 28 billing for the entity's next annual dues cycle, or other 12 29 annual contribution or allocation cycle, but in any event 12 30 shall apply to all actual deductions by all affected entities 12 31 that occur on or after July 1, 1999, regardless of when the 12 32 annual dues are assessed or billed or the contribution is 12 33 otherwise allocated or solicited. 12 34 EXPLANATION 12 35 This bill relates to campaign finance. 13 1 The bill replaces references in Code chapter 56 with 13 2 terminology related to "express advocacy", to conform the 13 3 provisions of the chapter to language contained in the United 13 4 States Supreme Court's decision in Buckley v. Valeo (1976). 13 5 Two definitions are added in relation to this change in 13 6 terminology, including a definition for "express advocacy". 13 7 The bill also adds new Code section 56.15B, which prohibits 13 8 any allocation of dues or fees towards political 13 9 representation without affirmative express annual 13 10 authorization of the individual whose wages, dues, or fees are 13 11 used to support such activity. Related amendments are made to 13 12 Code sections 20.26 and 731.5. Violations are punishable as a 13 13 fraudulent practice pursuant to Code section 714.8. This new 13 14 Code section 56.15B is affected by a separate effective date 13 15 and applicability provision. 13 16 The bill also contains a severability clause. 13 17 LSB 3023YH 78 13 18 jj/sc/14.4
Text: HF00764 Text: HF00766 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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